Quinlivan extradition appeal dismissed

Brixton prison escaper Mr Nessan Quinlivan was taken into Garda custody yesterday after the High Court dismissed his appeal against orders for his extradition to Britain on charges including conspiracy to murder and to cause explosions.

Mr Quinlivan (34), a native of Limerick but with an address in Dublin, has 21 days to appeal the decision to the Supreme Court.

He had been on bail pending the outcome of the High Court action and has liberty to reapply for bail next Wednesday. He is expected to lodge an appeal to the Supreme Court. In a lengthy reserved judgment, Mr Justice Kelly found the early release provisions under the Belfast Agreement applied only to convicted persons and, even if they did apply to Mr Quinlivan, this was not a good reason to refuse to extradite him. He did not accept the fact that Mr Quinlivan, if he was convicted in Britain, should be released because he might only serve part of any sentence imposed.

The judge concluded there were no circumstances that would render it "improper, unfair or oppressive" to order Mr Quinlivan's extradition.

He found the offences for which his extradition was sought were not political or connected with political offences. He rejected his claim that because his escape from Brixton prison in July 1991 was allegedly encouraged by MI5 and set up by an agent provocateur, it would be unjust to extradite him for an offence when agents of the State requesting his extradition were involved in setting up that offence.

He doubted if there was entrapment at all and, in any event, the court was being asked to consider a possible defence and it was not the court's function to conduct a preliminary trial.

The judge dismissed Mr Quinlivan's appeal against the 1995 district court order directing his extradition to Britain on four warrants, all dated April 1993, alleging conspiracy to murder and conspiracy to cause explosions on dates before November 12th 1990; escape from custody at Brixton prison in July 1991, and wounding with intent.

The judge also rejected a separate judicial review challenge in which Mr Quinlivan sought to quash the extradition order on a number of grounds, including his claim that it would be fruitless, unfair and unjust to extradite him because, under the Belfast Agreement, he would have to be freed by July next.

Mr Justice Kelly said the provisions of the Belfast Agreement for the early release of prisoners applied only to convicted prisoners. Mr Quinlivan had claimed that if convicted, he would be a "qualifying prisoner" under the agreement. Mr Quinlivan had said the Minister for Justice had accepted he was a qualifying prisoner by granting him early release on foot of charges of which he was convicted.

Because the agreement applied only to convicted persons, the judge said he did not have to determine whether Mr Quinlivan's release under the agreement was either possible or probable. It was not appropriate to extend the terms of the early release scheme to persons awaiting trial.

A State which requested the extradition of a person had the right to have that person tried. The fact that any possible penalty might be shortened was not a reason to order release. The judge also said a Department of Justice official had stated during the hearing that there were conditions attached to the early release of prisoners who qualified under the Belfast Agreement. It was not "absolute release".

Dealing with Mr Quinlivan's claim that extensive adverse pretrial publicity in Britain from his arrest in 1990 to late 1999 had created a risk of an unfair trial, he said that while there had been extensive and lurid publicity about Mr Quinlivan and his fellow escaper Pearse McCauley, he had heard evidence of measures of substance in English law designed to protect the right to a fair trial.

He also found that, while there was a considerable lapse of time since the alleged offences, the bulk of responsibility for that lay with Mr Quinlivan himself and he should not benefit from his own criminal wrongdoing.

Mr Richard Humphreys, for Mr Quinlivan, later asked for leave to apply for bail. He was told the application could be made to the High Court vacation judge next week.